Sewer License Agreement
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LICENSE AGREEMENT
This License Agreement made thi~11'--day of July, 2007, by and between the CITY OF
SALINA, KANSAS, a municipal corporation (the "City") and THE SALINA REGIONAL
HEALTH FOUNDATION, a not-for-profit Kansas Corporation (the "Licensee").
RECITALS
A. The Licensee owns the real estate in the City of Salina, Saline County, Kansas,
legally described in the attached and incorporated Exhibit A, upon which they own and operate a
blood platelet center facility addressed as 120 West Prescott Avenue.
. B. Licensee informed the City of their desire to install a private sanitary sewer force
main within the public right-of-way for Prescott Avenue for the purpose of connecting Licensee's
facility with the city's public sanitary sewer collection system in Highland Avenue.
C. The City has determined that the granting of a license to the Licensee to install the
private sewer service line within the public right-of-way as depicted on the attached and
incorporated Exhibit B should not interfere with use of the public right-of-way by the City or its
franchisees.
D. The City has determined that the public interest is served by granting a license to the
Licensee to install the private sewer service line within the Prescott Avenue public right-of-way,
subject to the terms and conditions outlined below.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license (the "License") to the Licensee to install and
maintain install a private sewer service line (the "Line") in the Prescott Avenue right-of-way as
depicted on Exhibit B (the "Right-of-Way"), for the limited purpose of connecting Licensees
building with the city's public sanitary sewer collection system in Highland Avenue. The Line is
not for the provision of any sanitary sewer service under any arrangement with any person or entity
other than the Licensee, their heirs, successors and authorized assigns.
2. Use of Right-of-Way. In the use of the Right-of-Way under this License
Agreement, the Licensee shall be subject to all rules, regulations, policies, resolutions, and
ordinances now or hereafter adopted or promulgated by the City and shall be subject to all
applicable laws, orders, rules, and regulations adopted by governmental bodies now or hereafter
having jurisdiction. In addition, the Licensee shall be subject to all rules, regulations, policies,
resolutions, and ordinances now or hereafter adopted or promulgated by the City relating to permits
and fees, sidewalk and pavement .cuts, utility location" construction coordination, beautification,
and other requirements on the use of the public right-of-way and shall~omply with the following:
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,,,.,,'h~,,,,\ REBECCA SEEMAN '
I ~:~.~....".e.~;::fE. GISlER OF DEEDS SALINE COUNTY KANSAS I
(;(.~.~:T~~'):) Book: 1155 Page: 1775
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Date Recorded: 7/2<lJ/2007 12:56:37 PM '
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Book: 1155 Page: 1776
a. The Licensee's use ofthe Right-of-Way shall in all matters be subordinate to
the City's use of the Right-of-Way for any public purpose. The Licensee shall coordinate
the placement of the Line in a manner which minimizes adverse impact on public
improvements, as reasonably determined by the City. Where placement is not otherwise
regulated, the Line shall be placed with adequate clearance from such public improvements_
so as not to impact or be impacted by such public improvement.
b. All earth, materials, sidewalks, driveway approaches, paving, crossings,
utilities, public improvements, or improvements of any kind injured or removed by the
Licensee in their activities under this License Agreement shall be fully repaired or replaced
promptly by the Licensee at their expense and to the reasonable satisfaction of the City or
owner thereof.
c. All of the materials, plans, and installation of the Line shall be approved by
or as directed by the Director of Utilities in accordance with the design plans prepared by
BWR Corporation.
d. The Licensee shall keep and maintain accurate records and as-built drawings
depicting accurate horizontal and vertical location of the Line as constructed or
reconstructed in the Right-of-Way after the date hereof. All points of the Line shall be
horizontally located from street centerline, or section or quarter section lines or comers.
V erticallocations or all points of facilities shall consist of elevations in either City datum or
United States Geological ~urvey datum.
e. Prior to construction, reconstruction, or relocation of any facilities in the
Right-of-Way, the Licensee or their design engineers shall submit to the Director of Utilities
for approval, plans and specifications of the proposed installation. Such approval shall not
be unreasonably withheld, delayed, or conditioned.
f. The Licensee shall cooperate promptly and fully with the City and take all
measures necessary to provide accurate and complete information regarding the nature and
locations, both horizontal and vertical, of the Line located within the Right-of-Way when
requested by the City or its authorized agents for a public project. Such location and
identification shall be at the sole expense of the Licensee without expense to the City, its
employees, agents or authorized contractors. The Licensee shall have a person familiar with
the facilities, who is responsible for timely satisfying information needs of the City and
other users ofthe Right-of-Way.
g. The Licensee shall promptly relocate or adjust the Line located in the Right-
of-Way for any project planned or undertaken by the City or any governmental entity for
construction, reconstruction, maintenance, or repair of public facilities or public
improvements, or any other purpose of a public nature. Such relocation or adjustment shall
be performed by the Licensee at their sole expense without expense to the City, its
employees, agents or authorized contractors and shall be specifically subject to rules and
regulations of the City not inconsistent with this License Agreement pertaining to such.
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Book: 1155 Page: 1777
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h. It shall be the sole responsibility of the Licensee to take adequate measures
to protect and defend the Line in the Right-of-Way from hann or damage. If the Licensee
fails to accurately or timely locate the Line when requested, they will have no claim for
costs or damages against the City and its authorized. contractors or any other party
authorized to be in the Right-of-Way unless such party is solely responsible for the hann or
damage by its negligence or intentional conduct. .
i. The Licensee shall notify the City not less than three (3) working days in
advance of any construction, reconstruction, repair, or relocation of the Line which would
require any street closure which reduces traffic flow to less than two (2) lanes of moving
traffic. The City shall follow its policies in the grant or denial of such street closure, which
shall not be unreasonably delayed. In addition, all work performed in the tra~ded way or
which in any way impacts vehicular or pedestrian traffic shall be properly signed,
barricaded, and otherwise protected. Such signing shall be in conformance with the latest
edition of the Federal Highway Administration's Standards and Guideline for Work Zone
Traffic Control.
j. All technical standards governing construction, reconstruction, installation,
operation, testing, use, maintenance, and dismantling of the Line in the Right-of-Way shall
be in accordance with applicable present and future federal, state, and City law and
regulation, including but not limited to the most recent editions of the Uniform Plumbing
Code, National Electrical Code, the National Electrical Safety Code and the Fiber Optic
Line Installation Standard of the Tel~communications Industry Committee, or such
substantive equivalents as may hereafter be adopted or promulgated. It is understood that
the standards established in this paragraph are minimum standards and the requirements
established or referenced in this ordinance may be additional to or stricter than such
minimum standards.
3. Title. By granting this license the City does not warrant title to or the right to
possess and occupy the Right-of-Way. In the event that it is determined that the City is not entitled
to possess and utilize the Right-of-Way, this License Agreement shall terminate and the Licensee
shall quit and surrender their use of the Line in the Right-of-Way in compliance with this License
Agreement.
4. Corps of Engineer Approvals. Ariy permission granted pursuant to this License
Agreement to install the Line shall be subject to and conditional upon approval by the Corps of
Engineers where applicable.
5. Breach of License Agreement. In the event that the Licensee uses the Line for any
purpose other than that specifically authorized under this License Agreement, all rights granted
hereunder to the Licensee shall immediately cease as if never granted and the Licensees shall
immediately quit and surrender its use of the Line in the Right-of-Way. In the .event that the
Licensee shall fail to comply with any other substantial term, condition or covenant of this License
Agreement within ten (10) days after written notice to do so has been mailed to them by the City, or
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Book: 1155 Page: 1778
in the event the Licensee abandon their authorized use of the Right-of-Way, any such event shall be
deemed an immediate breach and forfeiture of the License Agreement which shall then terminate.
Upon such termination of this license, the Licensee will quit and surrender their use of the Line in
the Right-of-Way in compliance with the terms of this License Agreement.
6. Term. The License shall commence upon execution of this License Agreement and
shall continue until the earlier of:
a. The Licensee's discontinuation of its authorized use of the Right-of-Way;
b. Notification of the Licensee by the City that the public interest is best served by the
use of the Right-of-Way in a manner in conflict with the License, and that the
License shall terminate no less than,90 days following such notice; or
c. Termination ofthe License pursuant to paragraph 7 above.
7. Removal of Lines. Upon termination of this License Agreement, the Licensee shall
have the right to remove the Line within a reasonable time, not to exceed one hundred twenty (120)
days. In the event the Licensee choose to exercise the right to remove the Line, it shall within the
permitted time period restore the Right-of-Way from which the Line is removed to as good a
condition as existed prior to the removal. In the event the Licensee should exercise its right to
remove the Line but fail to properly restore the Right-of-Way, the City shall have the right to cause
the Right-of-Way to be restored and to charge any reasonable costs associated therewith to the
Licensee.
8. Notices. Any notice to either party hereunder shall be sufficient if mailed by United
States mail, postage prepaid, at the following addresses:
City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
Tom Martin, Executive Director
Salina Regional Health Foundation
139 N. Penn
Salina, KS 67401
9. Invalidity in Part. If any clause, sentence, or paragraph of this License Agreement
shall be held to be invalid, it shall not affect the validity of the remaining provisions of this License
Agreement.
10. Binding Effect. This License Agreement shall be binding upon the parties, their
heirs and assigns, and shall be binding upon and run with the Land described in Exhibit A.
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Book: 1155 Page: 1779
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EXECUTED the day and year first above stated.
CITY OF SALINA, KANSAS
By: (JLHt L ~J ~~
Alan E. Jilka, May-r .
ATTEST:
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SALINA REGIONAL HEALTH FOUNDATION
By: ~7I11L-
. Thomas P. Martin, Executive Director
STATE OF KANSAS COUNTY OF SALINE, SS:
On this ~c\ay of July, 2007, before me a Notary Public in and for said state,
personally appeared Alan Jilka, Mayor of the City of Salina, Kansas and Lieu Ann Elsey, CMC,
City' Clerk for the City of Salina, Kansas, known to me to be the persons who executed the within
License Agreement and acknowledged to me that they executed the same for the purposes therein
stated on behalf ofthe City of Salina, Kansas.
A. PENNY DAY
~. Notary Public - State of Kansas
My Appt. Expires DI
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~ NO~C
STATE OF KANSAS COUNTY OF SALINE, SS:
On this 20th day of July, 2007, before me a Notary Public in and for said state,
personally appeared Thomas P. Martin, Executive Director of the Salina Regional Health
Foundation, known to me to be the persons who executed the within License Agreement arid
acknowledged to me that they executed the sam for the purpos therein stated.
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Boo~: 1155 Page: 1780
EXHIBIT A
The legal description of the blood platelet center site is:
Lot Eight (8), Lot Nine (9) and the East Five (5) feet of Lot Ten (10),
Surveyor's Plat D, an Addition to the City of Salina, Saline County,
Kansas aka 120 West Prescott Avenue.
'HIGHLAND AVENUE
2-1/~" Private Sanitary
Sewer Force Main
BANK OF
TESCOTT
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Book: 1155 Page: 1781
EXHIBIT B
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